Bhattu Krishna v. State of Telangana
Court: High Court for State of Telangana
Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-27. Bhattu Krishna v. State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3488 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HONOURABLE SR. I JUSTICE SRI G. M. MOHIUDDIN REST 42 Between: Bhattu Krishna, s/o Danjya Aged about 44 years, occ. Activist r/o H No 28-1-190, Ka rakavag u Paloncha B had rad ri Kothagudem District ... PETITIONER AND 1. State of Telangana, rep by its Chief Secretary Secretariat Buildings, Hyderabad 2. State of Telangana, rep by its Principal Secretary Municipal Administration and Urban Development Secretariat Buildings, Hyderabad 3. State of Telangana, rep by its Principal Secretary Panchayat Raj and Rural (PTS-3) . Development 4. The Commissioner of Panchayat Raj and Rural Development Department, Hyderabad S. The Commissioner and Director, Municipal Administration State of Telangana Hyderabad 6.
The District Collector, BhadradriKothagudem District Kothagudem 7. The State Election Commissioner, Telangana State represented_by itt Secretary PTA Building 1st Floor DTCP Office Complex AC Guards, HYderabad .. RESP,NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order Direction or more particularly one in the nature of Writ of [Mandamus to i) to declare GO Ms No 47 MA dated 31-1-1987 and GO ttls No 208 tr/A dated 18-05-2001 notifying Paloncha as a 2 tier and 3 tier Municipality as being unconstitutional, in violation of the GO No 26.
The Scheduled Areas ==----- '(\, (Part-B States ) Order, 1950 dated 7-12-1950 issued by the President of lndia and ultravires the powers of the respondents ii) declare that The Telangana Municipalitit:s Act, 2019 has no application to the Scheduled Areas of the State of Telangana in particular Paloncha being in violation of Article 243 ZC(3) part lX A of the Cons;titution and iii) to declare the inaction of the Respondents in not conducting t:lections for the past 24 years and thereby depriving the rights of the people of Paloncha to self governance as arbitrary,discriminatory and unconstitutional and consequentially i)direct Respondent No 2 to delete paloncha from ltem No 28 of Schedule 1 of the Telangana Municipalities Act, 201g ii) to direct Respondent No 3 to notify Paloncha as Gram Panchayat and include it in the Schedule to the Telangana Panchayat Raj Act 2O1B on the lines of GO trls No 45 dated 16-12-2022 issued by the Panchayat Raj and Rural Development (Gp, FIN) Department and iii)direct Respondent No 7 to conduct elections for paloncha as expeditiously as possible.
lA NO: 1 oF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Responrlent No 3 to declare Paloncha as Gram Panchayat and include it in Schedule Vlll to the Telangana panchayat Raj Act 201g. Counsel for the Petitioner : SRI VASUDHA NAGARAJ counsel for the Respondents No. 1to6 : sRl MOHAMMED IMRAN KHAN, ADDL ADVOCATE GENERAL counsel for th* Respondents No. 7 : Ms. pRlyANKA slNGH, rep. , SRI P. SUDHEER RAO, SC FOR TSEC The Court madr: the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THB HON'BLE THE CHIEFJUSTICE SIII APARESH KUMAR STNGH AND THE HON'I}LE SRT JUSTTCE G. M. MOHIUDDIN WRIT PETITION (PIL) No. 42 of 2024 Dated: 27. 01. 2026 Betrveen: []hattu Krishna ... Petitioner and State of Telangana, Rep. by its Chief Secretary, Secretariat Bui [dings, Hyderabad, and 6 others. ... Respondents ORDER: Learned counsel Ms.
Vasudha Nagaraj appears for the petitioner. Sri Mohammed Imran Khan, learned Additional Advocate I d I General, appears for the State. li Learned counsel Ms. Priyanka Singh, representing Sri P. Sudheer Rao, learncd Standing Counsel fbr Telangana State Election Comrni:;sion. appears for respondent No. 7 2. 1'he petitioner has assailed G. O. Ms. No. 47, dated 31. 01. 1987, and G. O. Ms. No. 208, dated 18. 05. 2001. noti{iing Paloncha as a 2 tier and 3 tier Municipalitl' bcing violative of the Scheduled Areas (Part B States) Order. 1950, dated 07. 12. 1950. 3. The relevant part of docuurents starting frorn page No. 9l relicd upon by the learncd counsel for thc petitioner to substantiate the challeng,:. however, have been darkened. On the [ace of it, the challenge to the impugned Government Orders is grossly belated. l'he notifications of Jartuary 1987 and Ma1' 2001 notifying Paloncha liave been marlc the suh. icct matter of challenge in the preseltt writ petition.
The petitioner has, thereflore. failed to satisfy the assertion regarding inclusion of villages talling in the scheduled ateas as covered under the Paloncha Municipality notified by G. O. Ms. No. 47, dated 31. 01. 1987, \ and G. O. Ms. No. 208, dated 18. 05. 2001. The rvrit petition in this form \ t a I therefore cannot be entertained. 4. The rvrit petition is, therefore, dismissed rvith liberty to the petitioner to file a duly constituted petition supported with proper legible docurnents. There shall be no order as to costs. Misccllancous applications pending, if any, shall stand closed SD/-A. H. S. GOWRI SHANKAR ANT REGIS //TRUE COPY// ECTION OFFICER To, 1. One CC to SRI VASUDHA NAGARAJ, Advocate P 2 Two CCs to ADDL ADVOCATE GENERAL, High C for the State of Telangana. [OUT] 3. one CC to SRI P. SUDHEER RAo, SC for Telangana State Election - Commission. [OPUC] 4. Two CD Copies. BSK BS dJ- \ HIGH COURT DATED i2710112026 f' 1 t. E S zfi/fi 2 B [t8 * # ORDER WP(PIL). No.
42 of 2024 DrsMls$lNG THE WRIT PETITION (PIL) WITHOLIT COSTS J tr\'\p
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